Frequently Asked RI Divorce Law Questions

A: Title 15: Chapter 15–5: Divorce and Separation

Chapter 15–5: Index Of Sections

Our Attorney’s View: “A complaint‚ or petition for Divorce in the State of Rhode Island must be filed with the Family Court in the county in Rhode Island in which they reside. Your Attorney will handle this process unless you decide to file for divorce “Pro Se” (without an Attorney).

The following is list of documents that will need to be submitted to the court when filing in addition to a $100 Filing Fee:

1. 1) The Summons
2. 2) The Complaint For Divorce
3. 3) Nominal‚ or Uncontested Track Notice
4. 4) The Automatic Court Orders
5. 5) The Report of Divorce
6. 6) The Family Services Counseling Unit Notice
7. 7) The Statement Listing the Children of the Marriage
8. 8) The Income and Expense Statement (DR6)
9. 9) A Certified Copy of Your Marriage Certificate or License
10. 10) An Entry of Appearance Form

In addition‚ there is a ‘Service’ Fee which covers the cost of having the papers served to your spouse. The charge for this service varies depending on where and how it needs to be performed.”

A: Title: 15: Chapter 15–5: Divorce and Separation

§ 15–5–20 Service On or Notice to Defendant
§ 15–5–21 Service by Publication — Jurisdiction Required
§ 15–5–15 Orders as to Notice

Our Attorney’s View: “Under the Rhode Island Rules of Domestic Relations Procedure you must file an answer (respond) or an answer and counterclaim in writing with the Rhode Island Family Court within 20 days from the day you received the Summons.

A copy should be forwarded to the Plaintiff’s (your Spouse’s) Attorney. Failure to respond within the 20 day time period may result in a ‘Judgment by Default’ against you for the relief (settlement claims) requested of the Court in the complaint for Divorce.

A Counterclaim states any related claim (what you‚ the ‘Defendant’ want from the marital settlement) that you have against the Plaintiff. Failure to respond in time may prohibit you from making any claim in any other actions.

Additionally‚ in the event the Plaintiff filed for Divorce “Pro Se” or without an Attorney‚ it would be advisable to respond to them via Certified Mail to confirm receipt of the complaint and to advise them of your timely response.”

A: Title 15: Chapter 15–5: Divorce and Separation

§ 15–5–12: Domicile and Residence Requirements

Our Attorney’s View: “The person filing‚ known as the ‘Plaintiff’‚ must be a resident of the State of Rhode Island for at least one year prior to filing the complaint for divorce. The Plaintiff’s spouse‚ known as the ‘Defendant’‚ does not neccessarily have to be a resident of the state of Rhode Island at the time of filing.”

A: Title: 15: Chapter 15–5: Divorce and Separation

§ 15–5–14: Return Day of Petitions – Notice – Issuance of Process – Time of Hearing
§ 15–5–23 Remarriage – Final decree
§ 15–5–18 Interlocutory Decrees and Injunctions

Our Attorney’s View: “Upon filing for divorce if the case is expected to be uncontested (also known as a ‘Nominal Divorce’)‚ the case will be scheduled for a hearing on the merits‚ and a date will be set approximately 77 days from the date of filing.

If the case is unable to procede on the Nominal hearing date because the parties are not in agreement as to the terms and conditions‚ the court will set the case down for a case management conference approximately 4 weeks later. After the Nominal hearing an ‘Interlocutory Order’ (decision pending final judgement or temporary order) should be filed with the court within 30 days.

Realistically speaking‚ your divorce should take approximately six months from the start to finish provided you both agree on the terms. If there are disagreements and financial settlement issues your divorce will obviously take much longer.”

A: Title: 15: Chapter 15–5: Divorce and Separation

§ 15–5–3: Separation of Parties as Grounds For Disolution — Appeal
§ 15–5–16.2 Child Support
§ 15–5–10 Disposal of Certain Real Estate After Filing of Complaint
§ 15–5–14.1 Automatic Orders in Divorce Cases

Our Attorney’s View: “A Legal Separation (also known as Divorce From Bed and Board) is an alternative to Divorce when there has been a breakdown in the marriage but for Religious or other personal reasons both parties wish to remain legally married.

A Legal Separation judgment will address the parties’ rights and obligations (support‚ custody‚ visitation‚ property rights and obligations) similar to that which occur in an ordinary Divorce proceeding.

The primary difference is that the parties can not remarry and the parties may preserve certain entitlements (inheritance rights‚ pension rights‚ tax benefits and health insurance benefits) that are not available to divorced spouses.”

A: Title: 15: Chapter 15–5: Divorce and Separation

§ 15–5–16 Alimony and Counsel fees — Custody of Children
§ 15–5–24.4 Sibling Visitation Rights

Our Attorney’s View: “Legal Custody means having the right and obligation to participate in activities and decisions affecting the child’s life (Schooling‚ Religious upbringing‚ Medical Care decisions‚ Recreational activities‚ etc.). When both parents share Joint Legal Custody‚ both parties must consult and participate in all significant decisions concerning the welfare of the child/children.

If the circumstances make it impossible for the parents to communicate as to important matters that concern the child/children or one parent is considered unfit (Alcohol or Drug Abuse, Child Abuse or Neglect) then the Court may award one parent Sole Legal Custody of the minor child/children.”

A: Title: 27: Chapter 20–4: Insurance

§ 20–4–1 Continuation Of Health Plan Coverage For Former Spouse

Our Attorney Says: “Under the Rhode Island Insurance Continuation Act you may remain eligible for continuing benefits under your spouse’s existing health insurance plan until (a) the remarriage of either party or (b) for the period specified in the Final Divorce Decree. If you become eligible to participate in a comparable plan through your own employment the continuation of the original plan shall cease. You may be responsible to reimburse your former spouse or their employer for any out of pocket costs to maintain you on his/her Health Insurance Plan. Important Note: Companies that self insure like Insurance Companies, certain State and Federal Government entities and the US Military policies vary‚ and are allowed under the Employee Retirement Income Security Act (ERISA) to prempt State law. Always ask your spouse’s employee Human Resources department for a definitive determination in these instances.”